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H0639.................................................by HEALTH AND WELFARE
NATUROPATHS - LICENSURE - Adds to existing law relating to the practice of
naturopathic medicine in Idaho; to define terms; to require a license; to
provide exemptions; to create a Board of Naturopathic Medical Examiners and
to provide the powers and duties of the board; to provide for fees; to
provide for the licensure of current practitioners; to provide for
examination for licensure; to specify continuing education requirements; to
provide for disciplinary action; and to provide for enforcement and
penalties.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - Hld at desk
02/15 Ref'd to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 639
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO NATUROPATHIC MEDICINE; AMENDING TITLE 54, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW CHAPTER 50, TITLE 54, IDAHO CODE, TO PROVIDE A STATEMENT OF
4 LEGISLATIVE PURPOSE, TO PROVIDE DEFINITIONS, TO REQUIRE A LICENSE, TO
5 DEFINE SCOPE OF PRACTICE, TO DEFINE PUBLIC RESPONSIBILITY, TO SPECIFY PRO-
6 HIBITIONS, TO PROVIDE EXEMPTIONS, TO ESTABLISH THE BOARD OF NATUROPATHIC
7 MEDICAL EXAMINERS, TO DEFINE POWERS OF THE BOARD, TO PROVIDE FOR FEES, TO
8 SPECIFY QUALIFICATIONS FOR LICENSURE, TO DEFINE APPLICATION PROCEDURES FOR
9 LICENSURE OF CURRENT PRACTITIONERS, TO PROVIDE FOR EXAMINATION FOR LICEN-
10 SURE, TO DEFINE LICENSURE STANDARDS FOR OUT-OF-STATE APPLICANTS, TO PRO-
11 VIDE FOR APPLICATION FOR LICENSURE, TO PROVIDE FOR LICENSE RENEWAL, TO
12 SPECIFY CONTINUING EDUCATION REQUIREMENTS AND EXEMPTIONS, TO PROVIDE FOR
13 APPROVAL OF CONTINUING EDUCATION PROGRAMS, TO REQUIRE REPORTS OF SUSPECTED
14 VIOLATIONS, TO PROVIDE FOR INVESTIGATION, HEARING AND SUBPOENA, TO PROVIDE
15 FOR DISCIPLINARY ACTION, TO PROVIDE FOR LICENSE DENIAL AND REVOCATION, TO
16 PROHIBIT UNAUTHORIZED EMPLOYMENT, TO PROVIDE ENFORCEMENT PENALTIES AND TO
17 PROVIDE FOR SEVERABILITY.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
20 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
21 ter 50, Title 54, Idaho Code, and to read as follows:
22 CHAPTER 50
23 NATUROPATHIC PHYSICIANS LICENSING ACT
24 54-5001. PURPOSE. To protect the public health, safety and welfare, and
25 provide for state administrative supervision, licensure, regulation and disci-
26 plinary procedures, for every person providing naturopathic medical services
27 who meets and maintains the standards of practice and code of ethics as
28 adopted by the board shall be licensed, unless otherwise exempted herein, as
29 provided in this chapter.
30 54-5002. DEFINITIONS. As used in this chapter, the following terms have
31 the meanings as stated:
32 (1) "Approved naturopathic medical program" means:
33 (a) A course of study from a college or university granting the degree of
34 doctor of naturopathy or doctor of naturopathic medicine accredited by an
35 accrediting agency recognized by the state or federal government; or
36 (b) A college or university granting the degree of doctor of naturopathy,
37 or doctor of naturopathic medicine that has the status of candidate for
38 accreditation with the accrediting agency; or
39 (c) A postgraduate degree-granting college or university of the healing
40 arts approved by the examining board and state or federal accrediting
41 agency.
2
1 Such college or university shall require a minimum of sixty (60) semester
2 units for admission and a minimum of four thousand (4000) hours in basic and
3 clinical sciences, naturopathic philosophy, naturopathic modalities, and
4 naturopathic medicine, of which not less than two thousand (2000) hours shall
5 be academic instruction and not less than two thousand (2000) hours shall be
6 school or college approved supervised clinical training. The college or uni-
7 versity shall provide adequate instruction to maintain naturopathic medicine
8 as a separate and distinct healing art.
9 (2) "Board" means the board of naturopathic medical examiners created
10 pursuant to section 54-5008, Idaho Code.
11 (3) "Formulary council" means that council comprised of members appointed
12 pursuant to this chapter to determine and authorize the formulary list.
13 (4) "Local anesthetics" means anesthetics which may be applied to the
14 surface of or injected into the superficial tissue to the extent necessary to
15 safely perform minor office procedures.
16 (5) "Minor office procedures" means the performance of approved opera-
17 tive, electrical, or other methods as determined by rule of the board for the
18 repair and care of superficial lacerations, abrasions, and benign lesions and
19 removal of foreign bodies located in superficial tissues.
20 The board shall limit the use of minor office procedures to physicians who
21 have graduated from an approved naturopathic medical college or have certifi-
22 cation as an "Advanced Emergency Medical Technician-Ambulance" as set forth in
23 section 56-1012(4)(d), Idaho Code.
24 (6) "Naturopathic formulary" means the list of natural medicines which
25 naturopathic physicians use in the practice of their profession, as determined
26 by the formulary council and reviewed by the board.
27 (7) "Naturopathic medicine" means a comprehensive system of primary
28 health care practiced by naturopathic physicians for the prevention, diagnosis
29 and treatment of human health conditions, injuries and diseases, that uses
30 education, natural medicines and therapies to support and stimulate the
31 individual's intrinsic self-healing processes.
32 (8) "Naturopathic physician" means a person authorized and licensed to
33 practice naturopathic medicine pursuant to this chapter.
34 54-5003. LICENSE REQUIRED. (1) A person shall not practice or hold him-
35 self or herself out to others as a naturopathic physician without first apply-
36 ing for and receiving a license to engage in that practice.
37 (2) A person holds himself or herself out to others as a naturopathic
38 physician when the person adopts or uses any title or description including
39 "naturopathic physician," "naturopathic doctor," "physician of naturopathic
40 medicine," "physician of natural medicine," "doctor of naturopathy," or its
41 abbreviation, "N.D.," "doctor of naturopathic medicine," or its abbreviation
42 "N.M.D." Unless a person has graduated from an accredited school granting the
43 "Doctor of Naturopathic Medicine" degree, abbreviated as "N.M.D.," and is
44 licensed under this chapter, neither the title nor the abbreviation may be
45 used.
46 54-5004. SCOPE OF PRACTICE. (1) Diagnostic procedures. A naturopathic
47 physician may use physical and laboratory examinations consistent with
48 naturopathic training for diagnostic purposes including phlebotomy, clinical
49 laboratory tests, speculum examinations and physiological function tests. A
50 naturopathic physician may order diagnostic and imaging tests consistent with
51 naturopathic training, including ultrasound and x-ray. A naturopathic physi-
52 cian may order and perform an electrocardiogram. All diagnostic tests other
53 than diagnostic tests consistent with naturopathic medical education and
3
1 training must be referred to an appropriate licensed health care professional
2 for performance and interpretation.
3 (2) Natural medicines. Naturopathic physicians are authorized to dis-
4 pense, administer and prescribe medicines derived from or substantially simi-
5 lar in molecular structure or function to natural sources for preventive and
6 therapeutic purposes, including: food, extracts of foods, nutraceuticals,
7 vitamins, minerals, enzymes, botanicals and their extracts, and homeopathic
8 medicines prepared according to the Homeopathic Pharmacopoeia of the United
9 States, and all dietary supplements and nonprescription drugs as defined by
10 the federal food, drug and cosmetic act. Naturopathic physicians are autho-
11 rized to dispense, administer, and prescribe medicines and devices limited to
12 those listed in the naturopathic formulary. Such authorization shall be
13 granted by the naturopathic board of examiners on an individual basis upon
14 application and proof of competency as determined by rule of the board.
15 (3) Naturopathic formulary. There is hereby established a naturopathic
16 formulary council, which is separate and distinct from the board, to be com-
17 posed of five (5) members. One (1) member shall be a member of the board of
18 naturopathic medical examiners, appointed by the board. One (1) member shall
19 be a naturopathic physician licensed under this chapter, appointed by the
20 board. One (1) member shall be a pharmacist licensed under chapter 17, title
21 54, Idaho Code, appointed by the board of naturopathic examiners from a list
22 of nominees provided by the Idaho state board of pharmacy. One (1) member
23 shall be a physician licensed under chapter 18, title 54, Idaho Code,
24 appointed by the board of naturopathic examiners from a list of nominees pro-
25 vided by the Idaho state board of medicine. One (1) member shall be a person
26 appointed by the board from a list of nominees provided by the Idaho state
27 board of medicine and the Idaho state board of pharmacy. The formulary list
28 may not go beyond the scope of natural medicines and devices covered by
29 approved naturopathic education and training and existing naturopathic
30 formularies, or board approved continuing education. The list will be
31 reviewed annually, or at the request of the board, by the council. Immedi-
32 ately upon adoption or revision of the formulary, the council shall transmit
33 the approved formulary to the board, which shall adopt the formulary by tempo-
34 rary rule. The naturopathic formulary shall include medicines and devices that
35 are consistent with the training provided by approved naturopathic medical
36 colleges. Nothing herein shall allow a naturopathic physician to dispense,
37 administer or prescribe any legend drug as defined in section 54-1705(26),
38 Idaho Code, or prescription device unless such legend drug or prescription
39 device is specifically included in the naturopathic formulary by applicable
40 scientific and chemical name for drugs and by specific medical description for
41 devices.
42 (4) Therapies. A naturopathic physician may administer, prescribe, and
43 dispense, for preventive and therapeutic purposes: life-style counseling,
44 biofeedback, dietary therapy, nutritional counseling, natural medicine and
45 devices from the naturopathic formulary and naturopathic physical medicine. He
46 or she may perform minor office procedures pursuant to privileges granted by
47 the naturopathic board of examiners. Naturopathic physical medicine is the
48 therapeutic use of physical agents of air, water, heat, cold, sound, light and
49 electromagnetic nonionizing radiation and the physical modalities of
50 electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, and
51 therapeutic exercise and treatment of body structures or tissues in accordance
52 with naturopathic principles for the purpose of restoring normal physiological
53 function by normalizing and balancing the musculoskeletal system of the body.
54 Naturopathic physical medicine does not include the practice of physical ther-
55 apy, physical rehabilitation, acupuncture or chiropractic as defined in sec-
4
1 tion 54-704, Idaho Code. Minor office procedures are methods for the repair
2 and care incidental to superficial lacerations and abrasions, superficial
3 lesions and the removal of foreign bodies located in the superficial tissues.
4 Naturopathic physicians are authorized to administer antiseptics and local
5 anesthetics listed in the naturopathic formulary in relation to minor office
6 procedures.
7 54-5005. PUBLIC HEALTH AUTHORITIES AND RESPONSIBILITY. A naturopathic
8 physician is a licensed doctor and has the same authority and responsibility
9 as other licensed doctors regarding public health laws, reportable diseases
10 and conditions, communicable disease control and prevention, recording vital
11 statistics, and performing health and physical examinations.
12 54-5006. PROHIBITIONS. A naturopathic physician shall not perform any of
13 the following:
14 (1) Prescribe, dispense or administer any controlled substance or device
15 identified under the controlled substance act, chapter 27, title 37, Idaho
16 Code, or identified in the federal controlled substance act, 21 U.S.C. sec-
17 tions 801 through 971 (1988), except as authorized by this chapter;
18 (2) Perform surgical procedures except those minor office procedures
19 authorized by this chapter;
20 (3) Practice or claim to practice as a medical doctor, osteopath, den-
21 tist, podiatrist, optometrist, advanced practice professional nurse, physician
22 assistant, chiropractor, physical therapist, acupuncturist, or any other
23 health care professional not authorized in this chapter unless licensed by the
24 state of Idaho to do so;
25 (4) Use general or spinal anesthetics;
26 (5) Administer ionizing radioactive substances for therapeutic purposes;
27 (6) Perform surgical procedures using a laser device;
28 (7) Nothing in this chapter shall be construed to authorize any licensee
29 under this chapter to perform an abortion;
30 (8) Nothing in this chapter shall negate previous court decisions or cur-
31 rent Idaho Code.
32 54-5007. EXEMPTIONS. This chapter is not intended to prohibit or
33 restrict:
34 (1) The practice of a profession by individuals who are licensed, certi-
35 fied or registered under other laws of this state and are performing services
36 within the authorized scope of practice; and
37 (2) The practice of naturopathic medicine by an individual employed by
38 the federal government while the individual is engaged in the performance of
39 duties prescribed by the laws and regulations of the United States;
40 (3) An individual rendering aid to a family member or in an emergency,
41 when no fee or other consideration for the service is charged, received,
42 expected or contemplated;
43 (4) A person engaged in the sale of vitamins, health foods, dietary sup-
44 plements, herbs, or other products of nature, the sale of which is not other-
45 wise prohibited under state or federal law, but this subsection does not allow
46 a person to diagnose any human disease, ailment, injury, infirmity, deformity,
47 pain or other condition, or prohibit providing truthful and nonmisleading
48 information regarding any of the products under this subsection;
49 (5) A person engaged in good faith for religious reasons as a matter of
50 conscience or based on a personal belief;
51 (6) A person who administers treatment or provides advice regarding the
52 human body and its function that does not use legend or prescription drugs in
5
1 such practice; uses natural elements such as air, heat, water and light; uses
2 only class I or class II nonprescription, approved, medical devices as defined
3 in section 513 of the federal food, drug, and cosmetic act; uses only vita-
4 mins, minerals, herbs, homeopathics, natural food products and their extracts,
5 and nutritional supplements; and who does not perform surgery;
6 (7) The practice by a naturopathic physician duly licensed in another
7 state, territory or the District of Columbia when that naturopathic physician
8 is incidentally called into this state for consultation with a licensed doc-
9 tor;
10 (8) The practice of naturopathic medicine by students enrolled in an
11 approved naturopathic medical program. Services shall be performed pursuant
12 to a course of instruction or assignments from an instructor and under the
13 supervision and observation of the instructor.
14 54-5008. BOARD OF NATUROPATHIC MEDICAL EXAMINERS. (1) There is hereby
15 established in the department of self-governing agencies, bureau of occupa-
16 tional licenses, the board of naturopathic medical examiners. Members thereof
17 shall be appointed by the governor.
18 (2) The board shall consist of five (5) members, four (4) of whom shall
19 be licensed pursuant to this chapter and one (1) of whom shall be a member of
20 the public with an interest in the rights of consumers of naturopathic physi-
21 cian services.
22 (3) Appointments to the board shall be made by the governor from nomina-
23 tions received from professional naturopathic physician associations, who
24 shall nominate at least two (2) but no more than four (4) persons qualified
25 for each position to be filled.
26 (4) All members of the board shall be residents of the state of Idaho for
27 the duration of their appointment and shall have been residents of the state
28 of Idaho for a minimum of three (3) years immediately preceding appointment.
29 (5) The initial four (4) licensed naturopathic physician members of the
30 board shall be persons with at least two (2) years of experience in the prac-
31 tice of naturopathic medicine who are eligible to become licensed pursuant to
32 this chapter.
33 (6) The initial board shall be appointed for staggered terms, the longest
34 of which shall not exceed five (5) years. After the initial appointments, all
35 terms shall be five (5) years and a member may be appointed for a second term.
36 No member shall serve more than two (2) terms. In the event of death, resigna-
37 tion or removal of any member before the expiration of the term to which
38 appointed, the vacancy shall be filled for the unexpired portion of the term
39 in the same manner as the original appointment.
40 (7) The governor may remove any member of the board for cause, prior to
41 the expiration of the member's appointment.
42 (8) The board, within thirty (30) days after its appointment, and at
43 least annually thereafter, shall hold a meeting and elect a chairman. The
44 board may hold additional meetings on the call of the chair or at the written
45 request of any two (2) members of the board. The board may appoint such com-
46 mittees as it considers necessary to carry out its duties. A majority of the
47 board shall constitute a quorum.
48 54-5009. POWERS AND DUTIES OF THE BOARD. The board shall have the author-
49 ity to:
50 (1) Determine the qualifications of persons applying for licensure pursu-
51 ant to this chapter and define, by rule, the appropriate scope of naturopathic
52 medicine in this state, provided however, that the scope of practice may not
53 exceed that defined in section 54-5002(7), Idaho Code;
6
1 (2) Grant approval for naturopathic childbirth attendance privileges to
2 those licensees who apply, provided that such applicant can document training
3 and experience equal to or greater than that required by the rules of the
4 Idaho board of nursing pursuant to section 54-1404, Idaho Code;
5 (3) Establish special competency certification requirements for licensees
6 as deemed necessary by action of the board;
7 (4) Adopt rules that govern action limiting the scope of practice of a
8 licensee;
9 (5) Hire and appoint employees, including an executive director, investi-
10 gators, attorneys, consultants and independent hearing examiners;
11 (6) Adopt such rules as are necessary for the administration of this
12 chapter, including standards of professional conduct;
13 (7) Conduct investigations and examinations and hold hearings;
14 (8) Collect fees and other funds as prescribed by this chapter;
15 (9) Contract, sue and be sued, and pursue other matters lawful in this
16 state relating to naturopathic medicine;
17 (10) Provide such other services and perform such other functions as are
18 necessary and desirable to fulfill its purposes.
19 54-5010. FEES. (1) All fees received under the provisions of this chapter
20 shall be paid to the department of self-governing agencies, bureau of occupa-
21 tional licenses, and deposited to the state treasury to the credit of the
22 occupational licenses fund. All costs and expenses incurred under the provi-
23 sions of this chapter shall be a charge against and paid from said fund. In no
24 case shall any salary, expense or other obligation of the board be charged
25 against the general account.
26 (2) The board, by rule, may impose the following fees up to the amounts
27 listed below:
28 (a) License fee...................................................$250.00
29 (b) Renewal fee...................................................$250.00
30 (c) Late renewal penalty..........................................$ 50.00
31 (d) License by endorsement........................................$250.00
32 (e) Duplicate license.............................................$ 50.00
33 (f) Reinstatement fee.............................................$ 50.00
34 54-5011. QUALIFICATIONS FOR LICENSURE. To be eligible for a license to
35 practice naturopathic medicine in the state of Idaho, the applicant shall:
36 (1) Be a graduate of an approved naturopathic medical program in accor-
37 dance with section 54-5002(1), Idaho Code, and pass or have passed a
38 competency-based examination approved by the board, covering the appropriate
39 naturopathic subjects, including basic and clinical sciences;
40 (2) Possess a good ethical and professional reputation;
41 (3) Be physically and mentally capable of safely practicing naturopathic
42 medicine with or without reasonable accommodation;
43 (4) Have never had a license to practice naturopathic medicine refused,
44 revoked or suspended by any other state or country for reasons that relate to
45 the applicant's ability to skillfully and safely practice naturopathic medi-
46 cine unless that license has been restored to good standing by that state or
47 country; and
48 (5) File a board approved application and pay the licensing fees.
49 54-5012. APPLICATION FOR LICENSURE OF CURRENT PRACTITIONERS OF
50 NATUROPATHIC MEDICINE. (1) Practitioners of naturopathic medicine practicing
51 within the state of Idaho on the effective date of passage of this act shall
52 be licensed as naturopathic physicians so long as, at a minimum, they have
7
1 held themselves out as naturopathic physicians and have been engaged in the
2 practice of naturopathic medicine in the state of Idaho for at least three (3)
3 years prior to the passage and adoption of this chapter. License applicants
4 must not have had a license as a health care provider revoked in any jurisdic-
5 tion for matters which pertain to their fitness or competence to practice
6 naturopathic medicine, and shall derive the majority of their earned income
7 from the practice of naturopathic medicine. Applicants shall provide proof of
8 education and training as defined in section 54-5002(1)(a), (b) and (c), Idaho
9 Code.
10 (2) Any practitioner who cannot prove sufficient education and training
11 to be licensed as required in section 54-5002(1)(a), (b) and (c), Idaho Code,
12 may be eligible for a limited license granted by the board under such rules as
13 the board may adopt with a scope of practice limited to that determined by the
14 board to be justified and in accordance with such practitioner's education and
15 training.
16 (3) Applications must be submitted to the board within one hundred eighty
17 (180) days from the date on which this chapter takes effect, and payment of
18 the licensing fees must accompany the application. Failure of persons cur-
19 rently practicing naturopathic medicine in this state to apply for licensure
20 within the one hundred eighty (180) day period, and the continuation of prac-
21 tice after that date, shall cause such persons to be subject to prosecution
22 under section 54-5024, Idaho Code.
23 54-5013. EXAMINATION FOR LICENSURE. (1) The date and location of
24 examination(s) shall be established by the board. Applicants who have not met
25 the examination requirements for licensure shall be scheduled for the next
26 examination following the filing of the application. The board shall estab-
27 lish by rule the examination standards and application deadline.
28 (2) The examination shall contain subjects appropriate to the standards
29 of competency and scope of practice.
30 (3) The board shall establish by rule the requirements for a reexamina-
31 tion if the applicant has failed the examination.
32 54-5014. LICENSE STANDARDS FOR OUT-OF-STATE APPLICANTS. The board shall
33 establish by rule the standards for licensure of applicants licensed in
34 another jurisdiction. However, the standards for endorsement of licensure
35 shall not be less than required for licensure in the state of Idaho.
36 54-5015. APPLICATION FOR LICENSURE. Applications for licensure shall be
37 submitted on forms provided by the board. The board may require any informa-
38 tion and documentation needed to determine if the applicant meets the criteria
39 for licensure as provided in this chapter. Each applicant shall pay a fee
40 determined by the board, which shall be no more than one thousand dollars
41 ($1000). The fee shall be submitted with the application.
42 54-5016. LICENSE RENEWAL. The board shall establish by rule the require-
43 ments for annual renewal of licenses. The board shall establish a late renewal
44 penalty fee, which shall not be more than five hundred dollars ($500). Failure
45 to renew shall invalidate the license and all privileges granted by the
46 license. The board shall determine by rule whether a license shall be canceled
47 for failure to renew and shall establish procedures and prerequisites for
48 relicensure.
49 54-5017. CONTINUING EDUCATION REQUIREMENTS AND EXEMPTIONS. (1) The board
50 shall establish a program for continuing education. Except as provided in sub-
8
1 section (2) of this section, all naturopathic physicians licensed under this
2 chapter must submit to the board, on the appropriate annual license renewal
3 application, a report summarizing their earned continuing education credits. A
4 licensed naturopathic physician must earn at least twenty (20) continuing edu-
5 cation credits within the twelve (12) months prior to the renewal date each
6 year. At least five (5) of the continuing education credits must be in
7 naturopathic pharmacology for naturopathic physicians qualified to prescribe
8 according to the naturopathic formulary. Licensed naturopathic physicians
9 holding and maintaining a special competency certification for childbirth
10 attendance must comply with section 54-5009(2), Idaho Code, in addition to the
11 minimum requirement of twenty (20) annual continuing education credits.
12 (2) The board may exempt any person holding a license under this chapter
13 from the requirements of subsection (1) of this section upon application show-
14 ing evidence satisfactory to the board of his or her inability to comply with
15 the requirements because of unusual or extenuating circumstances. However, no
16 person shall be exempted from the requirements of subsection (1) of this sec-
17 tion more than once in any five (5) year period; however, exemptions may be
18 granted upon review by the board to persons licensed under this chapter who
19 become engaged in prolonged religious, military or humanitarian service.
20 54-5018. APPROVAL OF CONTINUING EDUCATION PROGRAMS. (1) The board shall
21 offer a program of continuing education in naturopathic medicine to meet the
22 requirements of section 54-5017, Idaho Code. The board shall also approve a
23 program to be presented by persons qualified to do so.
24 (2) Any person seeking approval of a program of continuing education in
25 naturopathic medicine to comply with the requirements of subsection (1) of
26 this section shall submit to the board, at such time as the board may require,
27 copies of courses of study to be offered and proof of such other qualifica-
28 tions as the board may require. Approval granted to any program of continuing
29 education shall be reviewed periodically and approval may be withdrawn from
30 any program that fails to meet the requirements of the board.
31 (3) Any program of continuing education in naturopathic medicine offered
32 or approved under this section shall consist of study covering new, review,
33 experimental, research and specialty subjects in the field of naturopathic
34 medicine.
35 54-5019. REPORT OF SUSPECTED VIOLATION. (1) Any board licensee shall, and
36 any other person may, report to the board any suspected violation of the pro-
37 visions of this chapter.
38 (2) Information pertaining to the report required by subsection (1) of
39 this section shall remain confidential and not be subject to public disclosure
40 under the public records laws of this state.
41 (3) Any person who reports or provides information to the board under
42 this section in good faith shall not be subject to an action for civil damages
43 as a result thereof.
44 54-5020. INVESTIGATION -- HEARING -- SUBPOENA. (1) The board shall inves-
45 tigate, or cause to be investigated, all complaints made to it and all cases
46 of noncompliance with this chapter.
47 (2) The board may conduct hearings to assist with investigations, to
48 determine whether grounds exist for suspension, revocation or denial of a
49 license or to fulfill its responsibilities under this chapter as the board
50 otherwise determines necessary.
51 (3) The board may subpoena witnesses, administer oaths in any hearing or
52 disciplinary proceedings and compel, by subpoena duces tecum, the production
9
1 of papers and records.
2 54-5021. DISCIPLINARY ACTION. (1) The board may suspend, revoke or refuse
3 to issue or renew a license on any of the following grounds:
4 (a) The employment of fraud or deceit in obtaining a license under this
5 chapter or in connection with services rendered as a naturopathic physi-
6 cian;
7 (b) A legal finding of mental incompetence;
8 (c) Aiding or abetting a person, not duly licensed under this chapter, in
9 claiming to be a naturopathic physician;
10 (d) Any negligence, incompetence or misconduct in the performance of
11 naturopathic medicine;
12 (e) Conviction of any felonious crime, which constitutes a crime of moral
13 turpitude;
14 (f) Practicing as a naturopathic physician when physical or mental abili-
15 ties are impaired by the use of controlled substances or other drugs,
16 chemicals or alcohol;
17 (g) Failure of the individual practitioner to maintain his or her profes-
18 sional premises in a clean and sanitary condition;
19 (h) Any person licensed in accordance with this chapter whose scope of
20 practice has been limited by the board pursuant to section 54-5004, Idaho
21 Code, and who performs any act not authorized in his or her limited scope
22 of practice, which constitutes the practice of naturopathic medicine;
23 (i) Any other good cause, relevant to qualifications to practice
24 naturopathic medicine.
25 (2) The board may not refuse to grant a license or may not base a finding
26 of professional incompetency solely on the basis that a licensee's practice is
27 unconventional in the absence of demonstrable harm to a patient and the
28 attending licensee and patient have signed a waiver to the effect that the
29 treatment or device is considered unconventional.
30 (3) In any proceeding in which an individual licensed under this chapter
31 may have his or her license denied, not renewed, suspended or revoked for rea-
32 sons related to the scope of practice, the members of any committee or panel
33 which will rule on such action shall be licensed naturopathic physicians who
34 are knowledgeable in, ascribe to, and practice that portion of the scope of
35 naturopathic medical practice which is under consideration.
36 54-5022. LICENSE DENIAL OR REVOCATION PROCEDURE. Where the board proposes
37 to refuse to issue or renew a license, or proposes to revoke or suspend a
38 license, opportunity for a hearing shall be pursuant to provisions of chapter
39 52, title 67, Idaho Code.
40 54-5023. UNAUTHORIZED EMPLOYMENT. A person in the course of business may
41 not employ a naturopathic physician who does not have a license unless that
42 person is a student or an intern within the meaning of this chapter.
43 54-5024. ENFORCEMENT PENALTIES. (1) A person who violates any provision
44 of this chapter shall, upon conviction, be guilty of a misdemeanor.
45 (2) The board may seek injunction against any person who practices
46 naturopathic medicine in violation of this chapter and may, in the event a
47 permanent injunction is entered against such person or plea or verdict is
48 entered in any criminal matter, impose a civil penalty in the amount of all
49 costs and fees incurred by the board in prosecuting the matter.
50 54-5025. SEVERABILITY. If any provision of this act or its application to
10
1 any person or circumstance is held invalid, the remainder of the act or the
2 application of the provision to other persons or circumstances is not
3 affected.
STATEMENT OF PURPOSE
RS 11978
There are a significant number of residents of the State of Idaho
that choose natural health care. Naturopathic medicine is a distinct
health care profession that affects the public health, safety and
welfare. The purpose of this legislation is to protect the public
health, safety and welfare by providing standards of practice, a
code of ethics for practitioners, state administrative supervision,
licensure, regulation and disciplinary procedures for every person
providing naturopathic medical services in the state.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Larry Benton
Phone: 461-2000
STATEMENT OF PURPOSE/FISCAL NOTE H 639